SK 395 
.P5 
1913 
Copy 1 



SK 395 
.05 
1913 
Copy 1 



1913-14 



lowa Fish and Game Laws 
Federal Migratory Bird Regulations 

AND 

The Lacey Bird Law 

(FEDERAL LAW) 

In Force July 4, 1913 



State Fish and Game Warden 

Elmer C. Hinshaw 

Spirit Lake 
Iowa 

ASSISTANT FISH AND GAME WARDENS 

Northeast District— R. T. St. John, Riceville 

Southeast District— Geo. C. Cooper, 1007 West Eighth Street, 

Des Moines 
Southwest District — Tim C. Jackson, Shenandoah 



Beacon Press, Spirit Lake, Iowa 






MAR 21 i9l4 



Explanation of Iowa Fish and 
Game Laws 



Many persons complain that they have 
difficulty in determining the real mean- 
ing of the law relating to fish and game, 
and for their benefit the following gen- 
eral statement is made : For con 
venience I have adoptetd a special sec- 
tion of this book for each provision of 
law, but the regular order has been pre- 
served, and at the close of each section 
will be found a citation to the appropri- 
ate Code Section and Session ,laws. 

It is the duty of wardens, sheriffs, 
constables and other poHce officers to 
seize fish and game taken illegally, and 
such seizure may be made without war- 
rant. Section 1 of this book. 

Any court having jurisdiction, may 
issue a search warrant, under which 
search may be made for fish and game 
illegally taken. Section 1. 

Fish and game illegally caught shall Disposition of fist 
be sold for payment of costs, excess, if *° game seize 
any, to go to the school fund. Section 1. 

Any nets, traps, guns, or other devices Seizure of nets, etc- 
used for taking fish and game illegally 
may be seized without warrant and de- 
stroyed without warrant. Section 1. 



Seizure without 
warrant 



Search warrant 



Season for fishing 



Number of fish 
which may be 
taken legally 



Shipment of fish 



Trot lines 



Fish houses 



Possession of 
seine, etc., 
unlawful 



Taking fish near 
fishways and dam 



Explanation of Iowa 

1. Salmon and trout may be taken 
with hook and line from April 15th to 
October 1st only. . 

2. Bass, pike, crappies, pickerel, cat- 
fish and other game fish may be taken 
with hook and line from May 15th to 
December 1st. Section 2. 

Not more than forty game hsh may 
be taken by any person in one day. of 
which not more than twenty shall be 
bass, pike or pickerel. Section 2. 

Fish may be shipped, but affidavit 
giving name of shipper and consignee 
and residence of both, kind of fish, and 
that same are not being shipped for sale, 
must be made and filed with the com- 
mon carrier. Section 2. 
' Between May 15th and December 1st 
trot lines extending not more than half 
way across a stream, and not obstructing 
the free passage of fish, may be used. 
Section 2. 

No fish houses or other protection 
against the weather shall be used in 
fishing through the ice. Section 2. 

The possession of a trap. net. seine, 
etc., upon the waters or ice, within a 
limit of ten rods from the shore of pub- 
lic waters is declared unlawful. Sec- 
tion 2. ^ 

It is unlawful to take fish within 300 
feet of a fishway or dam by any means 
other than rod. line, hook and bait. 



Fish and Game Laws 



Placing explosives 
in public waters 



It is illegal to catch bass, catfish, pike. Size of fish 
crappies or trout less than six inches in 
length, except as same are immediately 
returned to the waters from which 
taken. Section 2. 

It is unlawful to place explosives or 
drugs in the public waters with intent 
to destroy fish. Section 3. 

Minnows may be taken for bait by the Minnows for bait 
use of a three-eighths inch mesh seine 
not exceeding five yards in length, but 
by minnows is not meant the young of 
ba«s, pike, crappies, trout, salmon, or 
the fry of any game fish. Nets smaller 
than one-quarter inch mesh will be 
seized and destroyed. Section 4. 

No person shall use more than two Number of lines 
lines with one hook upon each, except 
that a trot line may be used as herein- 
before explained, and except also that 
in trolling a spoonhook consisting of 
three hooks fastened together may be 
so used. Any hook and bait or com- 
bination of hooks intending to catch 
but one fish at a time may be used. Sec- 
tion 5. 

It is illegal to knowingly have in pos- 
session for sale, transportation, or any 
other purpose, any fish unlawfully 
taken. Section 6. 



Buying or selling 
fish unlawfully 
taken 



The violation of any of the provisions 
hereinbefore explained, is punishable by 
a fine of not less than five dollars nor 
more than fifty dollars and cost of 



Penalty 



Private fishing 



Fish and game 
warden may take 
fish for propaga- 
tion purposes 



Warden may issue 
permits to take 
certain fish 



Fishing in bound- 
ary waters 



Dams must have 
fishways 



Explanation of Iowa 

prosecution for each fish, or imprison- 
ment in the county jail for not less than 
one day nor more than thirty days for 
each fish. Section 7. 

Any person may raise fish upon or 
within his own premises if same are not 
stocked through any inlet or" outlet, and 
fish so raised are the private property 
of the owner, with full right to use same 
as he may desire. 

Persons taking fish so raised without 
the owner's consent, are liable to the 
same punishment as above specified. Sec- 
tion 8. 

The warden is given authority to re- 
move fish from any of the public waters 
of the state, either for stocking other 
waters or for exchange with other war- 
dens. Section 9. 

Under certain conditions the warden 
may authorize the taking of buffalo, 
carp, quillbacks, red horse, suckers and 
gar, by the use of a seine. 

Under conditions too lengthy to here 
specify, licenses may be issued by the 
fish and game warden for seining fish 
in the boundary rivers of the state. Any 
person interested in so taking fish inj 
said boundary rivers^ should examinqe 
these provisions of the law carefully. 
See sections 10, 11, 12. 13, 14 and 15 of; 
this book. 

It is unlawful to erect a dam across! 
anv river, stream, or other waters of i 



Fish and Game Laws 



the state without providing an adequate 
free passage for tish up and down same. 
Any person violating the provisions of 
this section may be punished by a fine 
of not more than one hundred dollars 
or imprisonment in the county jail for 
not less than fifteen nor more than 
thirty days. Section 16. 

Cities and towns bounded in whole or 
in part by any lake, may construct and 
manitain at the inlet or outlet thereof, 
a dam to obstruct the passage of fish. 
A petition signed by a majority of the 
resident tax payers is required in order 
to purchase or condemn a cite for said 
dam. The Board of Supervisors of any 
county in which such a lake is situated 
is given the same authority. Section 17. 

Any person wilfully destroying or in- 
juring a dam so erected, may be fined 
not less than one hundred dollars nor 
more than five hundred dollars, or be 
imprisoned not less that thirty days nor 
more than one hundred days. • Section 
18. 

1. Native grouse and prairie chickens 
may be taken from September 1st to 
December 1st. Section 19. 
* 2. Woodcock may be taken from 
July 10th to January 1st. Section. 19. 

3. Ruffed grouse, pheasants, wild tur- 
key and quail may be taken from No- 
vember 1st to December 15th. Section 
19. 



Condemning prop- 
erty for fish dams 



Penalty for 
destroying such 
dam 



Season for taking 
game birds and 
animals 



8 Explanation of Iowa 

4. Wild ducks, geese, brant, rail, 
plover, sandpipers and marsh or beach 
birds may be taken from September 1st 
to April 15th. Section 19. 

5. Gray, fox, or timber squirrels may 
be taken from September 1st to January 
1st. Section 19. 

6. Beaver, mink, otter and muskrat 

may be taken from .November 1st to 

April 1st. Section 22. 

Killing quail on It is unlawful to shoot or kill quail 

public highways ur U" u c ^- in 

on any public highway. Section 19. 

Killing game birds None of the birds or animals herein 

or animals from , ., , i i mi i r 

ambush described, may be killed fcom any arti- 

ficial ambush, or from any sailboat, gas- 
olene or electric launch or steamboat, or 
any other water conveyance except as 
propelled by oar or paddle. Section 19. 

Devices for con- No dcvicc for Concealment on the 

ceaiment, artif tciai ■ ,^ • < i • i i 

light, etc. open waters, or artihcial light, battery, 

or deception may be used in taking 
game, except that decoys are permitted 
in hunting wild ducks and geese. Sec- 
tion 19. 

Shooting between No person shall at an}^ time hunt and 

sunset and sunrise i , r i , 

prohibited shoot irom any boat, -canoe, conveyance, 

or device whatever, on any waters of 
the state, between sunset and sunrise. 
Section 19. 

Penalty A Violation of the foregoing provision 

is punishable by a fine of not less than 
twenty-five dollars nor more than one 
hundred dollars, with imprisonment for 



Fish and Game Laws 9 

thirty days unless fine and costs are 
paid. Section 19. 

It is unlawful for any person except Deer, elk and 
the owner, to kill, capture or injure any ««»** P'^»t«t«<« 
deer, elk, or goat, except when dis- 
trained. Section 20. 

Penalty for violating the foregoing Penalty 
provision shall be a hne of not more 
than one hundred dollars or imprison- 
ment not to exceed thirty days, or both. 
Section 20. 

The warden is given authority to kill 
on capture any deer now running at 
large in this State, and he may distribute 
same. 

The expense of capture and distribu- 
tion to be paid by the person to whom 
distributed. Section 61. 

Xo person shall kill more than twenty- Number which 
hve of the birds or animals herein re- ™ay •>« killed 
ferred to in one day. It is also made 
unlawful to have more than the num- 
ber named in possession at one time, 
except that one may lawfully hold pos- 
session of fifty ducks. Section 21. 

The law prohibits catching any of the Snaring and trap- 
game herein referred to with traps. J^froyi'^g netl 
snares, or nets, and it is made unlaw-ful 
to destroy the eggs or nests of any of 
the birds herein referred to. Section 
21. 

It is made unlawful for any person to Sale of game birds 
either buy or sell, whether dead or p">^'^''^^^ 
alive, anv of the birds, animals or game 



10 



Shipping game 
birds or animals 
within or out of 
the state 



What guns may be 
lawfully used 



Hunting upon cul- 
tivated or enclosed 
land* 



What are game 
birds 



Explanation of Iowa 

herein referred to. and having any such 
in possession is prohibited except dur- 
ing the first five days of the closed sea- 
son. Sections 21 and 23. 

It is illegal to ship any of the birds or 
animals herein referred to out of the 
state, and in shipping from one point to 
another in the state, certain conditions 
are prescribed which must be carefully 
complied with, and any person shipping 
should carefully examine the law relat- 
ing thereto. Sections 24, 25 and 26. 

Only such guns as are commonly shot 
from the shoulder may be used in kill- 
ing game, and the use of medicated or 
poisoned food is prohibited, with severe 
punishment. Section 27. 

It is necessary to obtain permission 
from the owner occupant or agent of 
land before hunting thereon, and with- 
out such permission a fine of not more 
than ten dollars and costs may be im- 
posed, but such proceedings can be 
brought only upon complaint of the 
owner, occupant or agent of the culti- 
vated or enclosed' lands. Section 29. 

The following are defined as game 
birds : Swan, geese, brant, river and 
sea ducks, rails, coots, mud hens, ,gal- 
linules, shore birds, plover, surf birds, 
snipe, woodcock, sandpipers, tattlers, 
curlews, wild turkeys, grouse, prairie 
chickens, pheasants, partridges and 
quails. All other birds, whether resi- 



Fish and Game Laws 



11 



dent or migratory, are placed in the 
non-game bird class, and hence cannot 
be killed at any season of the year, 
(Sec. 31) except that the house spar- 
row, great horned owl, sharp shinned 
hawk, cooper's hawk, blackbirds and 
crows are not protected by law at any 
season. Section Zl . 

It is made illegal to destroy the eggs 
or nests of any wild birds except spar- 
rows, crows, blackbirds, hawks and 
owls. Sections 32 and 34. 

Individuals and common carriers are 
prohibited from shipment of non-game 
birds, except as the game warden may 
give authority therefor for scientific 
purposes. Section 33. 

Hunting is made illegal without first 
procuring a license therefor, and no li- 
cense may be granted to any person 
under eighteen years of age without the 
written consent of the parents or guard- 
ians. Sections 44-45. 

Application blanks are furnished by 
the state fish and game warden to the 
county auditors of the state, and may 
be there obtained. 

Resident licenses cost one dollar per 
annum, and non-resident licenses cost 
ten dollars per annum. Sections 46-47. 

A non-resident license holder may 
take with him from the state, not to ex- 
ceed twenty-five game birds or animals, 
but they must be so carried as to be 



Destroying nests 
and eggs of wild 
bird.s prohibited 



Shipment of 
non game birds 
prohibited 



Hunters' license 
law 



Application blanks 
for licenses 



Non-resident 
license holders' 
privileges 



12 



Fish and Game Laws 



When licenses 
expire 



Rights upon one's 
own premises 



Revocation of 
licenses 



Duty to exhibit 
licenses 



Using birds for 
target 

Pheasants 
protected 



readil}^ inspected, and he must show his 
license upon request. Section 48. 

All licenses expire on the first day of 
July next succeeding their issuance. Sec- 
tion 51. 

Owners and tenants may hunt upon 
their own premises without obtaining a 
license therefor, but must obtain a li- 
cense if they hunt beyond their own 
premises. Section 51. 

A hunter's license cannot be trans- 
ferred, and if in the possession of any 
person other than the person to whom 
issued, may be revoked, and if any per- 
son hunt upon another's enclosed or 
cultivated fields without permission, his 
license may be revoked. Section 52. 

It is made the duty of any person in 
possession of a gun, in the fields or for- 
ests or upon the waters of the state, to 
exhibit his license when demanded, by 
any person. Section 53 

It is made unlawful to use or keep live 
birds for target purposes. Section 56 

It is made unlawful to take Mongolian.' 
Ring Neck, English or Chinese pheas- 
ants prior to the first day of October 
1915. Section 57. 




s^ 



3 


72 


re 

3 


O 'Z 


S 


5. 


:z: s 


•-s 




O" 


-o o 


o 


° ji 


i' 


— ^ 




S ^ 


3 
O 


3* f 
S • 


B'. 


5' 
3 


H* 


^ § 




S 


» 


cn 




5. 


ST. 


3 


rr 








3' 


S*. 
5^ 


3Q 
S 




S' ^ 

® ^ 


SB 


O 
•-J 

3^ 




1 


1 


3 


C O 


-S 








O" 


o 




(t 




a; 


^ 


^ ^ 




(t 


D- 






i-S 


cn (C 










^* 








00 








1— » 


o 5: 




3* 
O 


i 




cr 


& 






^2 


f 




<x> 


»d> 


on a- 




03 




e* 


3 

c 

< 


Oi 






(B 




(I 

3 

c 

D 


1^ 

W < 

3 vi 




1 


1'. 

-a' 






r^ ft 






"S. 




(ri- 




p 










se 








P 

3 


p 
3 




^ 


-o 




*< 


O' 



^ ^ ^ 

CD a- ^ 

«-■ P ti 

f 1 -1 









^ ^ g 

H- -d (§* 

«j •-« 2 

e+ (D P 

" CD 5J 

S § "^ 

00 <^ ca 



^ 5 ^ 

M, a. P 

o S -• 

3 3 rt" 



The United States Law and 

Regulations Relating to 

Migratory Birds 

The federal government has enacted a 
law placing all migratory birds under the 
protection of the United States and 
giving the Department of Agriculture 
authority to adopt regulations prescrib- 
ing and fixing closed seasons and pro- 
\iding punishment by fine of not to ex- 
ceed one hundred dollars or imprison- 
ment for not more than ninety days, or 
both, for violation of the law or. the 
regulation adopted thereunder. 37 U. S. ! 

Stat, at large 847. 

This Act further provides that after ( 

preparation of the regulations auth- 
orized, such regulations shall be made 
public and shall not be finally adopted 
for a period of three months, during 
which time public hearings may be had 
thereon. The Department of Agri- 
culture made the proposed regulations 
public under date of June 17th, 1913. 
and the regulations as finally approved 
may vary from those proposed, but 
as it is necessary in the proper adminis- 
tration of the duties of this office to 
publish this booklet at this time, the 



14 Federal Migratory Bird Regulations 

substance of the proposed regulations is 
now given, all persons being warned, 
however, that material change may be 
made therein upon final approval. 
ReguiatioD 1 For the purposes of these regulations 

the following shall be considered mi- 
gratory game birds : 

(a) Anatidse or waterfowl, including 
brant, wild ducks, geese, and swans. 

(b) Gruidae or cranes, including little 
brown, sandhill and whooping cranes. 

(c) Rallidse or rails, including coots, 
gallinules, and sora and other rails. 

(d) Limicolse or shore birds, includ- 
ing avocets, curlew, dowitchers, godwits, 
knots, oyster catchers, phalaropes, plo- 
ver, sandpipers, snipe, stilts, surf birds, 
turnstones, willet, woodcock, and yellow- 
legs. 

(e) Columbid^ or pigeons, including 
doves and Avild pigeons. 

For the purposes of these regulations 
the following shall be considered mi- 
gratory insectivorous birds : 

(/) Bobolinks, catbirds, chickadees, 
cuckoos, flycatchers, grosbeaks, humming 
birds, kinglets, martins, meadow larks, 
night hawks or bull bats, nuthatches, ori- 
oles, robins, shrikes, swallows, swifts. 
tanagers, titmice, thrushes, vireos, warb- 
lers, waxwings, whippoorwills, wood- 
peckers, and wrens, and all other perch- 
ing birds which feed entirely or chiefly 
on insects. 



Federal Migratory Bird Regulations 

A daily closed season on all migratory 
game and insectivorous birds shall ex- 
tend from sunset to sunrise. 

A closed season on migratory insect- 
ivorous birds shall continue to December 
31, 1913, and each year thereafter shall 
begin January 1 and continue to De- 
cember 31, both dates inclusive, provided 
that nothing in this regulation shall be 
construed to prevent the issue of per- 
mits for collecting such birds for scien- 
tific purposes in accordance with the 
laws and regulations in force in the re- 
spective States and Territories and the 
District of Columbia. 

A closed season shall continue until 
September 1, 1918, on the following mi- 
gratory game birds : Band-tailed pigeons, 
little brown, sandhill, and whooping 
cranes, swans, curlew, and all shore- 
birds except the black-breasted and 
golden plover, Wilson or jack snipe, 
woodcock, and the greater and lesser 
yellowlegs. 

A closed season shall continue be- 
tween January 1 and October 31, both 
dates inclusive, of each year, on all mi- 
gratory birds passing over or at rest on 
any of the waters of the main streams 
of the following navigable rivers, to- 
wit : The Mississippi River between 
New Orleans. La., and Minneapolis, 
Minn. ; the Ohio River between its 
mouth and Pittsburgh, Pa. ; and the Misr 



15 



Regulation 2 
Closed Seasons at 
Night 



Regulation 3 
Closed Season on 
Insectivorous Birds 



Regulation 4 
Five-year Closed 
Seasons on Certain 
Game Birds 



Regulation 5 
Closed Season on 
Certain Navigable 
Rivers 



16 Federal Migratory Bird Regulations 

souri River between its mouth and Bis- 
marck, N. Dak.; and on the kilHng or 
capture of any of such birds on or over 
the shores of any of said rivers, or at 
any point within the Hmits aforesaid, 
from any boat, raft, or other device, 
floating or otherwise, in or on any such 
waters. 
Regulation 6 The following zones for the protec- 

tion of migratory game and insectivor- 
ous birds are hereby established : 

Zone No. i, the breeding zone, com- 
prising States, lying wholly or in part 
north of latitude 40° and the Ohio River 
and including Maine. New Hampshire, 
Vermont, -Massachusetts, Rhode Island, 
Connecticut. New York, New Jersey, 
Pennsylvania, Ohio, Indiana, Illinois. 
V Michigan, Wisconsin, Minnesota, Iowa. 

North Dakota, South Dakota. Nebraska, 
Colorado, Wyoming, Montana. Idaho. 
Oregon, and Washington — 25 States 

Zone No. 2, the wintering zone, com- 
prising States lying wholly or in part 
south of latitude 40° and the Ohio River 
and including Delaware. Maryland, the 
District of Columbia. W>st Virginia, 
Virginia. North Carolina. South Caro- 
lina, Georgia. Florida. Alabama. Missis- 
sippi, Tennessee, Kentucky. Missouri. 
Arkansas, Louisiana, Texas. Oklahoma. 
Kansas. New Mexico. Arizona. Cali- 
fornia. Nevada, and Utah — 23 States and 
the District of Columbia. 



Federal Migratory Bird Regulations 17 



For the purposes of regulations 8 and 
9, each period of time therein prescribed 
as a closed season shall be construed to 
include the first day and to exclude the 
last day thereof. 

Closed seasons in zone No. 1 shall be 
as follows : 

Waterfowl. — The closed season on wa- 
terfowl shall be between December 16 
and Septemtber 1 next following, ex- 
cept as follows : 

Exceptions : In Massachusetts the 
closed season shall be between January 
1 and September 15. 

In Minnesota and North Dakota the 
closed season shall be between December 
16 and September 7. 

In South Dakota the closed season 
shall be between December 16 and Sep- 
tember 10. 

In New York, other than on Long 
Island, and in Oregon the closed season 
shall be between December 16 and Sep- 
tember 16. 

In New Hampshire. Long Island, New 
Jersey, and Washington the closed sea- 
son shall be between January 16 and 
October 1. 

Rails.— Tht closed season on rails, 
coots, and gallinules shall be between 
December 1 and September 1 next fol- 
lowing, except as follows : 

Exceptions : In Massachusetts and 



Regulation 7 
Construction 



Regulation 8 
Closed Seasons in 
Zone No. 1 



18 Federal Migratory Bird Regulations 

Rhode Island the closed season shall be 
between December 1 and August 1. 

In New York and on Long Island the 
closed season shall be between December 
1 and September 16; and 

On rails in CaHfornia and Vermont 
the closed season shall be until Septem- 
ber 1, 1918. 

Woodcock. — The closed season on 
woodcock shall be between December 1 
and October 1 next following, except as 
follows : 

Exceptions : In Maine and Vermont 
the closed season shall be between De- 
cember 1 and September 15. 

In Massachusetts, Connecticut and 
New Jersey the closed season shall be 
between December 1 and October 10. 

In Rhode Island, Pennsylvania, and on 
Long Island the closed season snail be 
between December 1 and October 15 ; 
and 

In Illinois and Missouri the closed sea- 
son shall be until September 1. 1918. 

Shore Birds. — The closed season on 
black-breasted and golden plover, jack 
snipe or Wilson snipe, and greater or 
lesser yellowlegs shall be between De- 
cember 16 and September 1 next follow- 
ing, except as follows : 

Exceptions : In Maine, Massachusetts, 
and on Long Island the closed season 
shall be between December 16 and Au- 
gust 1. 



Federal Migratory Bird Regulations 19 

• In Minnesota and North Dakota the 
closed season shall be between December 
16 and September 7. 

In South Dakota the closed season 
shall be between December 16 and Sep- 
tember 10. 

In New York, other than on Long Is- 
land, and in Oregon the closed season 
shall be between December 16 and Sep- 
tember 16; and 

In New Hampshire and Washington 
the closed season shall be between De- 
cember 16 and October 1. 

Closed seasons in Zone No. 2 shall be Regulation 9 

«., x«il„ „ Closed Seasons ID 

as follows: Zone No. 2 

Waterfowl. — The closed season on wa- 
terfowl shall be between January 16 and 
October 1 next following, except as fol- 
lows : 

Exceptions : In Kansas, Oklahoma. 
New Mexico and Arizona the closed 
season shall be between December 16 
and September 1 ; and 

In Maryland, Virginia, North Caro- 
lina, and South Carolina the closed sea- 
son shall be between February 1 and 
November 1. 

Rails. — The closed season on rails, 
coots, and gallinules shall be between 
December 1 and September 1 next fol- 
lowing, except as follows : 

Exceptions : In Tennessee and Lou- 
isiana the closed season shall be between 
December 1 and October 1 ; and 



20 Federal Migratory Bird Regulations 

In Arizona the closed season shall be 
between December 1 and October 15. 

Woodcock. — The closed season on 
woodcock shall be between January 1 
and November 1, except as follows: 

Exceptions : In Louisiana the closed 
season shall be between January 1 and 
November 15; and 

In Georgia the closed season shall be 
between January 1 and December 1. 

Shore Birds. — The closed season on 
black-breasted and golden plover, jack- 
snipe or Wilson snipe, and greater and 
lesser yellowlegs shall be between De- 
cember 16 and September 1, next fol- 
lowing, except as follows : 

Exceptions : In Alabama the closed 
season shall be between December 16 
and November 1. 

In Louisiana and Tennessee the closed 
season shall be between December 16 
and October 1. 

In Arizona the closed season shall be 
between December 16 and October 15. 

In Utah, on snipe the closed season 
shall be between December 16 and Oc- 
tober 1, and on plover and yellowlegs 
shall be until September 1, 1918. 
Regulation 10 Persons recommending changes in the 

Heanngs regulations or desiring to submit evi- 

dence in person or by attorney as to the 
necessity for such changes, should make 
application to the Secretary of Agricul- 
ture. Whenever possible hearings will 



Federal Migratory Bird Regulations 21 

be arranged at central points, and due 
notice thereof given by publication or 
otherwise, as may be deemed appropri- 
ate. Persons recommending changes 
should be prepared to show the neces- 
sity for such action and to submit evi- 
dence other than that based on reasons 
of personal convenience or a desire to 
kill game during a longer open season. 



Federal Law for the Protection 
of Migration Birds 

[27 Stat., 847.] 

[Extract from an act making appropria- 
tions for the Department of Agricul- 
ture for the fiscal year ending June 
thirtieth, nineteen hundred and four- 
teen.] 

Be it enacted by the Senate and House 
of Representatives of the United States 
of America in Congress assembled. All 
wild geese, wild swans, , brant, wild 
ducks, snipe, plover, woodcock, rail, wild 
pigeons, and all other migratory game 
and insectivorous birds which in their 
northern and southern migrations pass 
through or do not remain permanently 
the entire year within the borders of 
any State or Territory, shall hereafter 
be deemed within the custody and pro- 
tection of the Government of the United 
States, and shall not be destroyed or 
taken contrary to regulations hereinafter 
provided therefor. 

The Department of Agriculture is 
hereby authorized and directed to adopt 
suitable regulations to give effect to the 
previous paragra]f)h by prescribing and 



Federal Migratory Bird Regulations 23 

fixing closed seasons, having due regard 
to the zones of temperature, breeding 
habits, and times and line of migratory 
flight, thereby enabling the department 
to select and designate suitable districts 
for different portions of the country, 
and it shall be unlawful to shoot or by 
any device kill or seize and capture 
migratory birds within the protection of 
this law during said closed seasons, and 
any person who shall violate any of 
the provisions or regulations of this 
law for the protection of migratory 
birds shall be guilty of a misdemeanor 
and shall be fined not more than $100 or 
imprisoned not more than ninety days, 
or both, in the discretion of the court. 

The Department of Agriculture, af- 
ter the preparation of said regulations, 
shall cause the same to be made public, 
and shall allow a period of three 
months in which said regulations may be 
examined and considered before final 
adopti'on, permitting, when deemed pro- 
per, public hearings thereon, and after 
final adoption shall cause the same to be 
engrossed and submitted to the Presi- 
dent of the United States for approval : 
Provided, however. That nothing herein 
contained shall be deemed to affect or 
interfere with the local laws of the 
States and Territories for the protec- 
tion of non-migratory game or other 
birds resident and breeding within their 



24 Federal Migratory Bird Regulations 

borders, nor prevent the States and 
Territories from enacting laws and reg- 
ulations to promote and render efficient 
the regulations of the Department of 
Agriculture provided under this statute. 

There is hereby appropriated, out of 
any moneys in the Treasury not other- 
wise appropriated, for the purpose of 
carrying out these provisions, the sum of 
$10,000. 

Approved, March 4. 1913. 

In view of the fact that the above 
rules may, upon final adoption, be mod- 
ified, all persons should, when the rules 
become final and effective, post them- 
selves with reference thereto. This De- 
partment will make the rules, as finally 
adopted, public through the newspapers, 
and will gladly furnish any desired in- 
formation concerning same at any time. 

All communications relating to the 
fish and game interests of the State 
should be addressed to the warden. 
Elmer C. Hinsh.aw. 

Spirit Lake, Iowa. 



Fish and Game Laws 

Section 1. Warden — Compensation — Warden 
Duties — Seizure without Warrant — DuHes"***"" 
Sale. There is hereby created the of- 
fice of State fish and game warden. The 
warden shall be appointed by the Gov- 
ernor, and holds his office for three years 
from the first day of April of the year 
of his appointment. He shall receive a 
salary of two thousand two hundred 
($2,200) dollars annually, together with 
his necessary traveling, contingent and 
office expenses, to be paid out of moneys 
collected under the provisions of chap- 
ter one hundred fifty-four (154), acts of 
the thirty-third general assembly. He 
shall have charge and management of 
the State fish hatcheries, which shall be 
used in stocking the w^aters of the State 
with fish native to the country and to 
the extent of the means provided by the 
State. He shall impartially and equit- 
ably distribute all fry raised by or fur- 
nished to the State, or for it through 
other sources, in the streams and lakes 
of the State; shall faithfully and impar- 
tially enforce obedience of the provisions 
of this chapter, and shall make a bien- 
nial report to the Governor of his do- 



2ri 



Iowa Fish and Game Laws 



Seizure without 
warrant 



Disposition of 
fish, birds or 
animals seized 



ings, together with such information 
upon the subject of the culture of fish 
and the protection of game in the coun- 
try as he may think proper, accompanied 
with an itemized statement monthly to 
the executive council under oath of all 
moneys expended and for what pur- 
pose, and of the number and varieties 
of fish distributed, and in what waters. 
It shall be the duty of the fish and 
game warden, sheriffs, constables, and 
police officers of this State to seize and 
take possession of any fish, birds or an- 
imals which have been caught, taken or 
killed at a time, in a manner or for a 
purpose, or had in possession or under 
control, or have been shipped contrary 
to the provisions of this chapter. Such 
seizure may be made without a warrant. 
Any court having jurisdiction of the of- 
fense, upon receiving proof of probable 
cause for believing in the concealment 
of any fish, birds or animals, caught, 
taken, killed, had in possession, under 
control, or shipped contrary to any of 
the provisions of this chapter, shall issue 
a search warrant and cause a search to 
be made in any place therefor. Any 
fish, birds or animals so found shall be 
sold for the purpose of paying the costs 
in the case, and the amount, if any. in 
excess of the costs shall be turned into 
the school fund of the county in which 
the seizure is made. An\' net. seine. 



Iowa Fish and Game Laws 27 

trap, contrivance, material and substance Nets or other 
whatever, while in use or had and «'er'«» public 

nuisance 

maintained for the purpose of catching, , 
taking, killing, trapping, or deceiving any 
fish, birds, or animals contrary to any 
of the provisions of this chapter is 
hereby declared to be, and is, a public 
nuisance, and it shall be the duty of 
the fish and game warden, sheriffs, con- 
stable and police officers of the State, 
without warrant or process, to take or 
seize any and all of the same, and abate 
and destroy any and all of the same, 
without warrant or process, and no lia- 
bility shall be incurred to the owner or 
any other person for such seizure and 
destruction, and said warden or his reg- 
ularly constituted deputies or other 
peace officers as hereinbefore named 
shall be released from all liability to any 
person or persons whomsoever for any No liability of 
act done or committed or property seized Oeputy""^ 
or destroyed under or by virtue of this 
section. Code Sec. 2539. (29 G. A., ch. 
103, Sec. 1; 23 G. A., ch. 34, Sec. 12; 17 
G. A., ch. 80, Sees. 1, 4; 35 G. A., 203, 
Sec. 2; 33 G. A., ch. 152; 34 G. A., ch. 
116.) 

Sec. 2. Fishing — What permitted. Be- 
tween the first day of October and April Open and closed 
15, no one shall take from the waters of «««" f«"- f»»»ing 
the State any salmon or trout, nor be- 
tween the first day of December and the 
fifteenth day of May any bass, pike, 



28 



Number caught 



Unlawful to ship 
game fish for sale 



Shipping of 
game fish 
Affidavit made 



Iowa Fish and Game Laws 

crappies, pickeral (pickerel), catfish or 
other game fish, nor shall any one per- 
son take any of said fish from the wa- 
ters of the State in any one day more 
than forty (40) of any or all of said 
kinds of fish, of which total number not 
more than twenty shall be bass, pike or 
pickerel. It shall be unlawful for any 
person, firm or corporation to offer for 
transportation or to transport to any 
place within or without this State for 
purposes of sale, any game fish taken 
from the inland waters of the State. 
Any person, firm or corporation desiring 
the shipment or transportation of any 
game fish, shall deliver to the common 
carrier, express or transportation com- 
pany a statement under oath in duplicate, 
setting forth the name of the shipper, 
the person to whom the package is 
shipped, the residence of both, the kind 
and number of fish contained in such 
package, and that the fish contained in 
such package are not being shipped for 
the purpose of sale or market, and one 
copy thereof shall be retained by the 
common carrier, express or transporta- 
tion company receiving such shipment 
for the period of twelve months there- 
after, and the other copy .thereof shall 
be attached in a secure manner to such 
package. Any agent of any common 
carrier, express or transportation com- 
pany receiving such shipment is hereby 



Iowa Fish and Game Laws 29 

authorized to administer to such shipper 
the oath contetmplated in the last pre- 
ceding paragra:ph. Any shipment made Unlawful ship - 
in violation of the provisions of this act ""*»"»"«' 
may be seized, confiscated and sold by 
any game warden in the state at private 
or public sale; the proceeds thereof to 
l)e turned into the fish and game protec- 
tion fund, or such shipment may be by 
such warden destroyed. Nor shall any 
one fish for or by any means catch any 
fish in any stream, which has been 
stocked with breeding trout, one or two Stocked stream 
years old, within one year from the date 
of the stocking thereof, if notice of such 
fact is by the authority of the warden 
posted where a public road crosses such 
stream ; nor shall any one at any time 
take from the waters of the State any 
fish, except minnows for bait, unless by 
hook and line; but any person may. be- Hook and Une only 
tween the fifteenth day of ]\Iay and the 
first day of December use not more than 
one trot line in streams only, and ex- jrot line 
tending not more than half way across, 
nor shall anyone place, erect, or cause 
to be placed or erected, any trot line Obstructing the 
seine, net. trap, dam or other device or parage of f"h 
contrivance in the water in such man- 
ner as to hinder or obstruct the free 
passage of fish. up. down, or through 
the same for the purpose of catching 
them, except as provided in the next 
section; nor have, erect, or use. while 



30 

Fishing througli ice 



Spear or other 
derices unlawful 



Taking fish near 
fishway 



Iowa Fish and Game Laws 

lishing on or through the ice, any house, 
shed or other protection against the 
weather, or have or use any stove or 
other means for creating artificial heat. 
The possession of a spear, trap, net, or 
seine in or upon any of the public waters 
of the State, or upon the ice of the 
same, or on the shore within a Hmit of 
ten rods, or the taking or kilhng or at- 
tempting to take or kill any fish by any 
means other than by rod, line, hook and 
bait within three hundred (300) feet of 
a fish way or dam shall be unlawful, 
but the provisions of this section shall 
not prevent the taking of carp, sucker, 
red-horse or buffalo in the day time by 
use of a spear, in any months except 
March and April. No person shall at 
any time kill, destroy, have in possession 
or under control, for any 'purpose what- 
ever any bass, catfish, wall-eyed pike, 
crappies, or trout, less than six (6) 
inches in length, except for the purpose 
of returning the same to the waters 
from which they were taken, as soon as 
they are taken therefrom, with as little 
injury to the fish as possible. Sec. 2540. 
(26 G. A. ch. 80, Sec. 1 ; 25 G. A., ch. 
65; 23 G. A., ch. 34, Sees. 2, 3. 6. 7 ; 17 
G. A., ch. 80. Sees. 5, 6; 16 G. A., ch. 
70, Sec. 6). (27 G. A., ch. 64. Sees. 2. 
4). 29 G. A., ch. 103, Sees. 2, 4). (30 
G. A., ch. 92, Sees. 1, 2). (30 G. A., ch. 



Iowa Fish and Game Laws 



31 



Small fish 
Placing explosives 
in the public 
waters of the State 



93). (33 G. A., ch. 153, Sec. 1). (35 
G. A., ch. 204). (35 G. A., ch. 205). 

Sec. ,3. Explosives — Drugs — Penalty. 
It shall be unlawful for anyone to 
place in the waters of the State any 
lime, ashes or drug of any kind or 
other substance, explode dynamite, gun 
cotton, giant powder or other compound 
or preparation, or use electricity in any 
way with the intent to kill or so to affect 
any fish that it may be taken and any- 
one guilty of any of said acts shall be 
guilty of a misdemeanor, and upon con- 
viction thereof, be fined not less than 
fifty ($50.00) dollars or more than one 
hundred ($100.00) dollars or imprisoned 
in the county jail not less than fifteen 
nor more than thirty days. (29 G. A., 
ch. 103, Sec. 5; 33 G. A., ch. 153, Sec. 2). 
Minnoivs for. Bait. 

Sec. 4. Minnows for bait. In taking Minnows for bait 
minnows for bait, a three-eighth inch 
mesh seine not exceeding five yards in 
length may be used, and if any of the 
fish enumerated in the preceding section 
shall be taken, they shall at once be re- 
stored unharmed to the water whence 
taken, and the word "minnows" as used 
in this chapter does not include young 
bass, pike, crappies. trout, salmon, or 
fry of any game fish, native or other- 
wise. Section 2541. (23 G. A., ch. 34, 
Sec. 2). 

Sec. 5. Two lines. No person shall 



32 



Iowa Fish and Game Laws 



The only lawful 
way to fish 



Fish unlawfully 
taken 



Penalty 



use more than two lines, with one hook 
upon each hne, in still fishing or other- 
wise, except that a trot line as above 
provided, or in trolling' a spoonhook 
composed of three hooks fastened to- 
gether may be used. Section 2542. (26 
G. A., ch. 80, Sec. 2) 

Sec. 6. Buying or selling. No person 
shall knowingly buy. sell, offer for sale, 
have in possession for sale or trans- 
portation, or for any other use or pur- 
pose, any fish unlawfully taken under 
the provisions of this chapter. Section 
2543. (23 G. A., ch. 34, Sec. 4). 

Sec. 7. Penalty. Any person, firm or 
corporation who shall violate any of the 
provisions of section twenty-five hun- 
dred forty (2540) of the supplement to 
the code, 1907, as herein amended, or 
twenty-five hundred forty-one (2541). 
twenty-five hundred forty-two (2542). or 
twenty-five hundred forty-three (2543) 
of the code, shall be guilty of a misde- 
meanor, and. upon conviction, shall pay 
a fine of not less than five nor more than 
fifty dollars and cost of prosecution for 
each offense, or be imprisoned in the 
county jail for not less than one day nor 
more than thirty days, and the taking of 
each fish in violation of law shall be 
construed to be a separate offense. Sec- 
tion 2544. (33 G. A., ch. 153. Sec. 3). 
Owners of private Sec. 8. Prizate fis' ing. Persons who 
yf^i^n raise or propagate fish upon their own 



Iowa Fish and Game Laws 



33 



premises, or who own premises on which 
there are -waters having no natural inlet 
or outlet through which such waters may 
become stocked or replenished with fish, 
are the owners of the fish therein and 
may take them as they see fit. or permit 
the same to be done. Any person taking 
said fish without the consent of such 
owner shall be guilty of a misdemeanor, 
and be prosecuted and punished as pro- 
vided in the preceding section, and such 
owner may recover three times the value 
thereof from the person so taking them. 
Section 2545. (23 G. A., ch. 34, Sec 10; 
16 G. A., ch. 70, Sec. 4). 

Sec. 9. Taking by warden— ivritt en 
permits. The warden may take from 
any of the public waters of the State, 
at any time and in any manner, any 
fish fo rthe purpose of propagating 
or restocking other waters, or exchang- 
ing with fish commissioners or war- 
dens of other States or of the United 
States ; provided, further, that the 
warden may, upon proper application 
in writing, made upon blanks furnished 
by said warden, issue to whomsoever he 
may see fit, written permits, upon blank 
forms to be furnished by said warden, 
suspending for a specified period speci- 
fied portions of this chapter relating to 
fishing, and authorizing the person to 
whom said permit is issued, to take from 
certain designated lakes of the State, 



Warden may take 
from the public 
waters of the State 
fish for propa- 
gation or other 
purposes 



Warden may" issue 
permits to take 
from certain lakes 
certain fish 



34 



Iowa Fish and Game Laws 



Fishing with hook 
and line does not 
require license 



The only lawful 
way to fish in the 
Des Moines and 
Big Sioux Rivers 



having an area of not less than two (2) 
square miles, buffalo, carp, qxiill-backs. 
red-horse, suckers and gar, as in said 
permit named, in any quantities and for 
all purposes, provided, however, that no 
such permit holder shall be authorized 
to exercise the rights granted in said 
permit except in the presence and under 
the supervision of the warden or one or 
more of his regularly constituted depu- 
ties, without expense to the State, and 
provided that seining shall not be per- 
mitted between the first day of Decem- 
ber and the fifteenth day of June. Sec- 
tion 2546. (29 G. A., ch. 103. Sec. 6; 
23 G. A., ch. 34, Sec. 2; 30 G. A., ch. 
94. Sec. 1). 

Sec. 10. Rivers excepted — dams. Ex- 
cept as otherwise expressly stated, 
nothing herein contained shall be held 
to apply to fishing in the Mississippi or 
Missouri rivers, nor to so much of the 
Des Moines river as forms the boundary 
line between this State and Missouri, nor 
to forbid the erection of dams across the 
waters of the State for manufacturing 
or other lawful purposes, subject to the 
provisions of the following section. Sec- 
tion 2547. A 1. 

Sec. 11. It shall be unlawful for any 
person to take from the waters of that 
part of the Des Moines river forming a 
part of the boundary between this State 
and Missouri, or from the waters of the 



Iowa Fish and Game Laws 35 

Big Sioux river within the jurisdiction 
of this State, any fish with net, seine, 
trap, contrivance, material or substance 
whatsoever except by rod, line, hook and 
bait. It shall be unlawful for any per- 
son to take from the Mississippi or Mis- 
souri rivers within the jurisdiction of 

this State any fish with nets or seines License required 

without first procuring from the state leinS in'the "** 
fish and game warden an annual license Misssisippi or 

. Missouri rivers 

for the use of such nets and semes. Be- 

for-e any such license shall be issued to 

a non-resident of the State of Iowa, the 

applicant shall execute and deliver to the 

fish and game warden a bond running Non-resident mu» 

to the State of Iowa in the penal 'sum s'^* •>«>»«* 

of $200.00 with two sureties who shall 

each justify in the sum of $200.00 in 

property in this State over and above all 

debts and liabilities, and property exempt 

by law from sale on execution. In lieu 

of such bond such licensee may make a 

cash deposit of $200.00. or provide bond 

of any surety company authorized to do 

business in this State. Such bond shall 

be conditioned that if the applicant shall ♦ 

well and faithfully observe and comply 

with all the requirements of this act and 

the rules and regulations which are or 

may be hereafter prescribed by law. such 

application to be null and void, otherwise 

to remain in full force and effect. The 

fee charged for such license shall be as 

follows : For each 500 lineal feet of 



36 



Iowa Fish and Game Laws 



Nets and seines 
that will be 
licensed 



License expires 1st 
day of March fol- 
lowing issuance 



Metal tag must be 
fastened on each 
seine and net 



License^unds to 
be used for main- 
tenance of fish and 
game department 
and for preserva- 
tion of food fishes 



seine, or fraction thereof, ten ($10.iOO) 
dollars ; for each pound net having more 
than 100 feet lead on each side, four 
($4.00) dollars; for each pound net hav- 
ing less than 100 feet lead on each side, 
one ($1.00) dollar; for each bait net. 
dip net, hoop net, and fyke net, fifty (50) 
cents; for each three hundred (300) 
lineal feet of trammel net used for float- 
ing fishing, five dollars ($5.00). 

All licenses shall expire on the first 
day of March following their issuance. 
The State fish and game warden shall 
furnish to each licensee at an expense 
not, to exceed ten (10) cents each, a 
metal tag, numbered and stamped so as 
to show year of issuance and for what 
issued, for each net, and each five hun- 
dred (500) feet, or fraction thereof, of 
seine ; and it shall be unlawful to use 
any seine or net in the waters specified 
in this section without having a tag 
thus procured attached thereto ; provid- 
ed, that no seine or net with less than 
two and one-half (2^) inch mesh, 
stretch measure, shall be licensed or 
used for fishing under this act. Section 
2547. A 2. 

Sec. 12. The funds received for such 
license and sale of tags shall be expend- 
ed by the State fish and game warden 
for the maintenance of his department 
and meeting the expenses thereof, and 
so far as same are available, he shall 



Iowa Fish and Game Laws 



37 



fish that can be 
taken under license 



expend same in the preservation of food 
hshes in the waters described in section 
two (2) hereof by removing young fish 
from dead or cutoff waters to the hve 
waters adjacent thereto. And where 
practicable, cleaning the channel from 
said dead and cutoff waters so that 
young fish can escape therefrom. 

He shall render an itemized account 
©f all such funds in each biennial report. 
Section 2547. A 3. 

Sec. 13. It shall be unlawful for any Fish and size of 
person to take from the waters de- 
scribed in section two (2) of this act. 
except by hook and line and spear, any 
of the following fish in lengths less 
than as follows, to-wit : Carp, fifteen 
inches; buffalo, fifteen inches; black 
bass, eleven inches, striped or white 
bass, eight inches ; pike, fifteen inches ; 
pickerel, eighteen inches; catfish, thir- 
teen inches; crappies, eight inches; and 
the following fish weighing less than as 
follows, to-wit : sand sturgeon, one 
pound ; rock sturgeon, three pounds ; 
and no pike, bass or crappies between 
and including March 31st and June 1st 
of each year. Section 2547. A 4. 

Sec. 14. It shall be unlawful for any 
person to take from the waters de- 
scribed in section two (2) of this act. 
by seine or net, any food fishes and 
cause or permit same to perish or be 
destroyed, or to remove such fish with- 



Food fishes must 
not be injured or 
destroyed 



38 Iowa Fish and Game Laws 

in such water so as to cause same to be 
destroyed or to perish, and any person 
taking any food fishes from such waters 
who does not make use of same shall 
immediately return same to such waters 
without injury. Section 2547, A5. 
Penalty Sec. 15. Any person violating any of 

the provisions of this act shall be deemed 
guilty of a misdemeanor and be punished 
by imprisonment in the county jail for 
a period of not exceeding thirty (30) 
days or by a fine not exceeding one hun- 
dred ($100.00) dollars. Section 2547 
A6. (23 G. A., ch. 34. Sec. 11; 18 G. 
A., ch. 92; 16 G. A., ch. 70, Sec. 10). 
(29 G. A., ch. 104, Sec. 1). (33 G. A., 
ch. 155). (34 G A., ch. 117). 
AH dams must Sec. 16. Fish ways. No dam or ob- 

have fish ways struction across any river, stream or 
other waters of this State shall be erect-, 
ed or maintained which is not provided 
with a fish way of suitable capacity and 
facilities to afford a free passage for 
fish up and down the same, while the 
water is running over such dam or ob- 
struction. Any dam or obstruction 
which is not so constructed is a public 
nuisance, and may be abated accord- 
ingly. A violation of this section is a 
misdemeanor, and in addition to the 
remedy in this section provided, the of- 
fender may be punished by a fine of 
not less than one hundred dollars or 
imprisonment in the county jail not less 



Iowa Fish and Game Laws 



39 



than fifteen days nor more than thirty 
days. Section.2548. (17 G. A., ch 188). 

Sec. 17. Fish dams — Condemning 
property for. Any city or town, bound- 
ed in whole or in part by any meandered 
lake or chain of lakes, or the board of 
supervisors of the county in which such 
waters are situated, may construct and 
maintain across the outlet or inlet there- 
of a dam to obstruct the passage of fish, 
the same to be of earth, masonry or 
other material to the natural and ordi- 
nary level of the lake, above and across 
the entire width to be an open network 
of bars or wire with the necessary sup- 
ports, so arranged as to prevent as far 
as may be. the escape of fish. For this 
purpose, upon a petition of a majority 
of the resident taxpayers of any city or 
town, so much land as is situated with- 
in the corporate limits as may be neces- 
sary may be purchased or condemned in 
the same manner provided for the ap- 
propriation of private property for 
streets and other municipal uses, and 
paid for out of the general fund. Sec- 
tion 2549. (24 G. A., ch. 46; 22 G. A., 
ch. 108; 21 G. A., ch. 63, Sees. 1, 2). 

Sec. 18. Penalty for injuring or de- 
stroying. Whosoever shall willfully in- 
jure or destroy such dam so erected or 
maintained shall be guilty of a misde- 
meanor, and. upon conviction, shall pay 
a fine of not less than one hundred nor 



Rights of citizens 
to condemn prop- 
erty for fish dams 
in lakes situated 
adjoining any city 
or town 



Penalty for de- 
stroying any dam 
erected by any 
city or town 



40 



Iowa Fish and Game Laws 



Open and closed 
season for game 
birds and animals 



Killing quail on 
public highway 
unlawful 

Killing game birds 
or animals from 
unlawful devices 



more than five hundred dollars, or be 
imprisoned in the county jail not less 
than thirty nor more than one hundred 
days, and pay the costs of prosecution. 
Section 2550. (21 G. A., ch. 63. Sec. 3). 
Sec. 19. Game protected. No person 
shall trap, shoot, or kill any pinnated 
grouse or prairie chicken between the 
first day of December and the first day 
of September next following, any wood- 
cock, between the first day of January 
and the tenth day of July; any ruffed 
grouse or pheasant, wild turkey or 
quail, between the fifteenth day of De- 
cember and the first day of November; 
any wild duck, goose or brant, rail, plo- 
ver, sand piper and marsh or beach bird, 
between the fifteenth day of April and 
the first of September; or any gray or 
fox squirrel or timber squirrel between 
the first day of January and the first 
day of September. Shooting or killing 
quail on the public highway shall be in 
violation of the law. No person shall 
kill or attempt to kill any of the birds 
mentioned in this section from any arti- 
ficial ambush of any kind or with the 
aid or use of any sneakboat or sink 
box, or from any sail boat, gasoline or 
electric launch or steamboat, or any 
other water conveyance, except as pro- 
pelled by oar or paddle, or other device 
used for concealment in the open water, 
nor use any artificial light, battery or 



Iowa Fish and Game Laws 



41 



other deception, contrivance or de- 
vice whatever with the intent to attract 
or deceive any of the birds mentioned 
in this chapter, except that decoys may 
be used in hunting wild geese and ducks, 
but no person shall at any time hunt or 
shoot from any boat, canoe, contrivance 
or device whatever on any of the waters 
of this State between sunset and sun- 
rise. Any person violating any of the 
provisions of this section shall be held Penalty 
guilty of a misdemeanor and punished 
as provided for in section twenty-tive 
hundred fifty-six (2556) of the supple- 
ment to the code, 1907. and in addition 
thereto for use of any ambush, sink 
box. sneakboat or other water convey- 
ance, prohibited by law, on the waters 
of this State, a fine of not less than 
twenty-five dollars, nor more than one 
hundred dollars, and shall stand com- 
mitted to the county jail for thirty days 
unless such fine and costs are paid 
Section 2551. (20 G. A., ch. 67; 18 G 
A., ch. 193; 17 G. A, ch. 156. Sec. 2 
30 G. A., ch. 92, Sec. 3 ; 33 G. A., ch 
153. Sec. 4); 27 G. A.. ch.-.66, Sec. 1 
29 G. A., ch. 103. Sec. 7. 

Sec' 20. It shall be unlawful for any 
person other than the owner, or person 
authorized by the owner, to kill, maim, 
trap, or in any way injure or capture 
any deer, elk. or goat, except when des- 
trained as provided by- law. Any person 



Shooting between 
sunset and sunrise 
unlawful upon 
public waters 
of the State 



Deer, elk, anrf 
goat protected 



42 



Iowa Fish and Game Laws 



JPenalty 



Unlawful to kill 
for traffic 



Limit, 25 game 
birds or animals 
in anjr one day 

Unlawful to have 
in possession more 
than 25 of said 
named birds or 
animals except 
ducks 



Unlawful to de- 
stroy eggs or nests 



Penalty 



violating the provisions of this act shall 
be deemed guilty of a misdemeanor and 
he punished by imprisonment in the 
county jail for a period not exceeding 
thirty (30) days or by a fine not exceed- 
ing one hundred (100) dollars, or by 
both such fine and imprisonment. Sec- 
tion 2551 A & B. (27 G. A,, ch. 65; 34 
G. A., ch. 118). 

Sec. 21. Killing for traffic. No per- 
son shall at any time or at any place 
within this State, trap, shoot or kill for 
traffic any of the birds, animals or game 
named in this chapter, nor shall any 
person shoot or kill more than twenty- 
five in any one day, of any kind of said 
named animals, birds or game, nor shall 
any one person, firm or corporation have 
more than twenty-five of either kind of 
said named birds or game named in this 
chapter in his or their possession at any 
time unless lawfully received for trans- 
portation, provided, however, the limit of 
ducks in posession is hereby made fifty. 
Nor shall any person capture or take, 
or attempt to catch or take, with any 
trap, snare or net any of the birds or 
animals named in the preceding sections ; 
or in any manner willfully destroy the 
eggs or nest of any of the birds named 
in this chapter. Any person, firm or 
corporation violating any of the provi- 
sions of this section shall be held to be 
guilty of a misdemeanor and punished 



Iowa Fish and Game Laws 43 

as- provided for in section twenty-five 
hundred fifty-six (2556) of the supple- 
ment to the code, 1907. Section 2552. 
(33 G. A., ch. 153, Sec. 5). 

Sec. 22. Trapping. It shall be un- Trapping 
lawful for any person to kill, trap or-en- 
snare any beaver, mink, otter or musk- 
rat between the first day of April and 
the first day of November, except where 
such killing, trapping or snaring may 
be for the protection of private or pub- 
lic property. Section 2553. (17 Cx. A., 
ch. 156. Sec. 4). 

Sec. 23. Prohibiting the sale of game Unlawful to sell, 

birds. It shall be unlawful for any per- game^or animah 

son, firm or corporation to buy or sell, 

dead or alive, any of the birds, game or 

animals named in this chapter, and it 

shall be unlawful to have the same in fossession unlaw- 
ful five days after 
possession during the period when the dosed season 

killing of such birds, game or animals is 
prol.iibited, except during the first five 
days of such prohibited period ; and the 
possession by any person, firm or cor- 
poration of any of such birds, game or 
animals during such prohibited period, 
except during the first five days thereof 
shall be presumptive evidence of the vi- 
olation of this chapter relating to game 
and he or they shall be held to be guilty 
of a misdemeanor and shall be punished 
as provided for in section twenty-five 
hundred fifty-six (2556) of the supple- 



44 Iowa Fish and Game Laws 

ment to the code, 1907. Section 2554. 
(33 G. A., ch. 153, Sec. 6). 
Shipping game Sec 24. Shipping gaitie birds or ain- 

birds or animals , ^y 

within or out iiials. No person, company or corpora- 

°^ ^**** tion shall at any time ship, take or carry 

out of this State any of the birds or 
animals named in this chapter. Xo per- 
son, firm or corporation shall at any time 
ship to any person, firm or corporation 
within this State an yof the birds or an- 
imals named in this chapter, except in 
strict compliance with the following pro- 
visions. It shall be lawful for any per- 
son to ship to any person within this 
State any game birds named, not to ex- 
ceed one dozen in any one day, during 
the period when the killing of such birds 
is not prohibited ; but before such ship- 
Shipment unlawful ment is made he shall first make an af- 
^ ^ ' *" fidavit before some person authorized to 

administer oaths, that said birds have 
not been unlawfully killed, bought, sold, 
or had in possession, are not being 
shipped for sale or profit, giving the 
name and postoffice address of the per- 
son to whom shipped, and the number 
of birds to be so shipped. A copy of 
such affidavit, endorsed "a true copy of 
the original" by the person administer- 
ing the oath, shall be furnished by him 
to the affiant, who shall deliver the same 
to the railroad agent or common carrier 
receiving such birds for transportation, 
and the same shall operate as a release 



Iowa Fish and Game Laws 



45 



to such carrier or agent from any habil- 
ity in the shipment or carrying of such 
birds. The original affidavit shall be 
retained by the officer taking the same, 
and may be used as evidence in any 
prosecution for violation of the sections 
of this chapter relating to game. Any Penalty 
person who shall ship more than one 
dozen of the birds named in this chap- 
ter in any one day, or any person ship- 
ping any of the birds named in this 
chapter without first complying with the 
provisions of this section, or any person, 
firm, or corporation violating any of 
the provisions of this section at any 
time, shall be held to be guilty of a mis- 
demeanor and shall be punished as pro- 
vided for in section twenty-five hundred 
fifty-six (2556) of the supplement to the 
code. 1907. Provided, however, that it 
shall be lawful to have in possession 
game lawfully taken outside this state 
and lawfully brought into this state, but 
the burden shall rest upon the person 
is possession to establish the fact that 
such game so shipped into the state was 
lawfully killed and lawfully shipped into 
this state. Section 2555. (17 G. A., ch. 
156. Sec. 6; 33 G. A., ch. 153, Sec. 7). 

Sec. 25. Penalty. If any person shall Penalty 
use any device, kill, trap, ensnare, buy, 
sell, ship, or have in his possession, or 
ship, take or carry out of the State, or 
ship within the State, contrary to the 



46 Iowa Fish and Game Laws 

provisions, of this chapter, any of the 
birds or animals named or referred to 
herein, or shall willfully destroy any 
eggs or nests of the birds named or re- 
ferred to in the preceding sections, he 
shall be guilty of a misdemeanor and be 
punished by a fine of ten dollars for 
each bird, beaver, mink, otter, muskrat, 
or other animals named or referred to 
in this chapter, and ten dollars for each 
nest and the eggs therein, so killed, 
trapped, ensnared, bought, sold, shipped, 
had in possession, destroyed, or shipped, 
taken or carried out of the State or 
shipped within this State contrary to 
law, and shall stand committed to the 
county jail for thirty days unless such 
fine and costs of prosecution are sooner 
paid. Section 2556. (17 G. A., ch. 156, 
Sec. 7; 29 G. A., ch. 103, Sec. 8; 33 G. 
A., ch. 153, Sec. 8). 

Recerving for Sec. 26. Receiving for transportation. 

transportauon j£ ^^^ railway or express company, or 
other common carrier, or any of their 
agents or servants, receive any of the 
fish, birds or animals mentioned or re- 
ferred to in this chapter, for transporta- 
tion or other purposes, during the period 
hereinbefore limited and prohibited, or 
at any other time except in the manner 
provided in this chapter, he or it shall 
be punished by a fine of not less than 
one hundred nor more than three hun- 
dred dollars, or by imprisonment in the 



Iowa Fish and Game Laws 47 

county jail for thirty days, or by both 
such fine and imprisonment. Section 
2557. 

Sec. 27. Using swivel-gun or poison. What guns are 
If any person shoot or kill any wild 
duck, goose or brant with any swivel- 
gun, or any kind of gun except such as 
is commonly shot from the shoulder, or 
shall use medicated or poisoned food to 
capture or kill any of the birds named 
in this chapter, he shall be fined twenty- 
five dollars for each offense, and shall 
stand committed to the county jail for 
thirty days, unless such fine and costs 
of prosecution are sooner paid. Section 
2558. (17 Cx. A., ch. 156, Sec. 9). 

Sec. 28. Prosecution. In all prosecu- Prosecution, how- 
tions under this chapter, any number of * 
violations may be included in the in- 
formation, but each one shall be set out 
in a separate count. Prosecutions for 
violations of any provisions of this chap- 
ter may be brought either in the county 
in which the offense was committed, or 
in any other county where the person, 
company or corporation complained of 
has had or has in his or their possession 
any fish, birds or animals named herein 
and bought, sold, caught, taken, killed, 
trapped or ensnared in violation hereof. 
When requested by the fish and game 
warden the attorney-general shall give Attorney -general 
his opinion, in writing, upon all ques- '^a" give opinion. 
tions of law pertaining to the office of 



48 



Hunting upon cul- 
tivated or enclosed 
land trespass 



Who may 
prosecute 



Frotectio i of 
non-game birds 



Iowa Fish and Game Laws 

such warden. Nothing in this chapter 
shall be construed as prohibiting any 
person from instituting legal proceed- 
ings for the enforcement of any pro- 
visions hereof. Section 2559. (27 G. 
A., ch. 64, Sec. 3; 17 G. A., ch. 156, Sec. 
11; 33 G. A., ch. 153, Sec. 10). 

Skc. 29. Hunting upon cultivated or 
enclosed land. No person shall hunt 
with dog or gun upon the cultivated or 
enclosed lands of another without first 
obtaining permission from the owner, 
occupant, or agent thereof. All islands 
in navigable streams bordering on the 
State shall be deemed enclosed lands 
without fences where the owners or 
lessees thereof post in plain view notices 
warning others not to trespass thereon. 
Any person violating the provisions of 
this section shall be punished by a fine 
of not more than ten dollars and costs 
of prosecution, and shall stand commit- 
ted until such fine and costs are paid, 
for each and every offense, but no pro- 
secution shall be commenced under this 
section except upon the information of 
the owner, occupant or agent of such 
cultivated or enclosed lands. Section 
2560. (25 G. A., ch. 64, and 31 G'. A., 
ch. 160). 

Sec. 30. Protection of birds. That 
all wild birds, both resident and migra- 
torv in this State, shall be, and are 



Iowa Fish and Game Laws 49 

hereby declared to be the property of 
the State. Section 2563 J. 

Sec. 31. That no person shall, within 
the State of Iowa, kill or catch, or have 
in his or her possession, living or dead, 
any wild bird other than a game bird, 
or purchase, offer or expose for sale, 
transport or ship within or without the 
State, any such wild bird after it has 
been killed or caught, except as permit- 
ted by this act. No part of the plumage, Sale of wild bird 
skin or body of any bird protected by this JroWbSd' ^''^" 
section shall be sold or had in possession 
for sale, irrespective of whether said bird 
was captured or killed within or without 
.the State. For the purpose of this act 
the following only shall be considered 
game birds: The Anatidae. commonly Game birds 
known as swans, geese, brant and river * '°* 
and sea ducks; the Rallidse, commonly 
known as rails, coots, mud hens and 
gallinules ; The Limicolse, commonly 
known as shore birds, plovers, surf birds, 
snipe, woodcock, sand pipers, tattlers and 
curlews ; the GalHnae, commonly known 
as wild turkeys, grouse, prairie chickens, 
l^heasants, partridges and quails. All 
other species of wild birds, either resi- 
dent or migratory, shall be considered 
non-game birds. Section 2563 K. 

Sec. 32. That no person shall, within Destroying of eggs 
the State of Iowa, take or needlessly Jh-ds""'' "^ '''''* 
destroy or attempt to take or destroy the 
nest or the eggs of any wild birds or have 



50 



Iowa Fish and Game Laws 



Shipment 
prohibited 



Permit's issued for 
scientific purposes 
only 



Fees 



such nest in his or her possession, except 
as permitted by this act. Section 2563 L. 

Sec. 23. That no person or persons, or 
any corporation acting as a common car- 
rier, its officers, agents or servants, shall 
ship, carry, take or transport, either with- 
in or beyond the confines of the State, 
any resident or migratory wild non- 
game bird, except as permitted by this 
act. Section 2563 M. 

Sec. 34. That Sections 2. 3, 4, and 10 
of this act shall not apply to any per- 
son holding a certificate giving the right 
to take birds, their nests or eggs for 
scientific purposes only, as provided in 
section 6 of this act. Section 2563 N. 

Sec. 35. That certificates may be grant- 
ed by the fish and game warden of the 
State to any properly accredited per- 
sons of the age of fifteen years or up- 
ward, permitting the holder thereof to 
collect birds, their nests or eggs for sci- 
entific purposes only. The applicant for 
the same must present to said officer 
written testimonials from two well- 
known ornithologists who must be resi- 
dents of Iowa, certifying to the good 
character and fitness of said applicant to 
be entrusted with such privilege ; and 
must pay said officer one dollar to de- 
fray the necessary expenses attending 
the granting of such certificate. On 
proof that the holder of such certificate 
has killed any bird, or taken the nests 



Iowa Fish and Game Laws 



51 



or eggs of any bird for other than 
strictly scientific purposes, his certificate 
shall become void, and he shall be liable 
to a fine of one hundred dollars, or im- 
prisonment of thirty days, or both, at 
the discretion of the court. Section 
2563 O. 

Skc. 36. That the certificates author- 
ized by section 6 of this act shall expire 
on the thirty-first day of December of 
the year issued, and shall not be trans- 
ferable. Section 2563 P. 

Sec. 2>7. That the English, or Euro- Birds not protected 
pean house sparrow, great horned owl, 
sharp shinned hawk. Cooper's hawk and 
blackbirds and crows are not included 
among the birds protected by this act. 
Section 2563 Q. 

Sec. 38. That nothing in this act shall Domestic pets 
prevent a citizen of Iowa from taking or 
keeping any wild non-game bird in a 
cage as a domestic pet. provided that 
such bird shall not be sold, or exchanged, 
or offered for sale or exchange, or 
transported out of the State, and pro- 
vided, further, that this act shall not be 
construed to forbid the selling or ship- 
ping of parrots, canaries, or any other 
cage birds, which are imported from 
other countries, or not native to any 
part of the United States. Section 
2563 R. 

Sec. 39. That any person who violates 
any of the provisions of this act shall be 



Parrots and 
candiries 



Penalty 



52 



May appoint 
Deputies 



Per diem and 
expenses 



Deputies have 
power to serve and 
execute warrants 



Iowa Fish and Game Laws 

guilty of a misdemeanor, and shall be 
liable to a fine of five dollars for each 
offense, and an additional fine of five 
dollars for each bird, living or dead, or 
part of bird, or nest, or set of eggs, or 
part thereof, possessed in violation of 
this act, or to imprisonment for thirty 
days, or both, at the discretion of the 
court. Section 2563 S. 

Sec. 40. All acts or parts of acts 
heretofore passed inconsistent with or 
contrary to the provisions of this act 
are hereby repealed. Section 2563 T. 
(31 G. A., ch. 108) 

Sec. 41. Deputy fish and game zvar- 
dcns. The fish and game warden may 
appoint three assistant fish and game 
wardens, who shall receive a salary of 
twelve hundred ($1300.00) dollars per 
year, and such number of deputies as he 
may deem necessary, who shall receive 
a compensation of two dollars and fifty 
cents ($2.50) per diem and actual ex- 
penses, for the time and money actually 
employed and expended by them in the 
enforcement of the provisions of this act. 

Such deputy wardens shall act under 
the advice and direction of the fish and 
game warden, and perform such duties 
in relation to their offices as may be re- 
quired of them and submit under oath, 
itemized statements of their per diem 
and expenses as aforesaid; and shall 
have full power and authority to serve 



Iowa Fish and Game Laws 53 

and execute all warrants and process 
of law issued by any court, in enforcing 
the provisions of this act or any other 
law of this State relating to the propa*- 
gation. preservation and protection of 
fish, game and birds, in the same manner 
as any constable or sheriff may ser/e 
and execute the same and receive tbe 
same fee therefor, and for the purpose 
of enforcing the provisions of this act 
they may call to their aid any sheri-Tf, Can call on sheriff 
deputy sheriff, constable or poHce offfctr 
or any other person, and it shall be the 
duty of all sheriffs, deputy sheriffs, con- 
stables and police officers and other per- 
sons when called upon to enforce md 
aid in enforcing the provisions of this 
act. All deputy wardens shall have 
power to arrest without warrant ?My 
person or persons found in the act of 
violating any law enacted for the pur- 
pose of propagation and protection of 
fish, game and birds. All deputy wardens 
shall give * bonds conditioned for ihe Shall give bonds 
faithful performance of their duties, in 
such amounts as may be fixed by ihe 
State executive council. Section 256-?. 
(33 G. A., ch. 153. Sec. 9; 35 G. A., ch. 
203). 

Sec. 42. Fish cominissioncr. The of- 
fice of fish commissioner is hereby abol- 
ished and the present fish commissioner 
shall be fish and game warden. Sec- 
tion 2563. 



54 



X 



Resident and non- 
resident hunting 
license required 



Age limit 



Warden shall fur- 
nish applications 
and licenses to 
County Auditors 



Iowa Fish and Game Laws 

Resident and Non-Resident Hunt- 
ers' License Law 

Sec. 43. That sections twenty-five Hun- 
dred sixty-three-a (2563-a), twenty-five 
hundred sixty-three-b (2563-b), twenty- 
five hundred sixty-three-c (2563-c), 
twenty-five hundred sixty-three-d 
(2563-d), twenty-five hundred sixty- 
three-e (2563-e), twenty-five hundred 
srxty-three-f (2563-f), twenty-five hun- 
dred sixty-three-g (2563-g), and twenty- 
five- hundred sixty-three-h (2563-h) of 
the supplement to the code, 1907, are 
hereby repealed and the following en- 
acted in lieu thereto. (33 G. A., eb. 
154. Sec. 1). 

Sec. 44. No person shall hunt, pur- 
sue, kill or take any wild animal, bird or 
game in this State, with a gun, without 
first procuring a license as herein pro- 
vided. (Ibid Sec. 3). 

Sec. 45. No license shall be granted 
any person under eighteen years of age 
unless the written consent of parents or 
guardian is attached to the application. 
(Ibid Sec. 3). 

Sec. 46. The State fish and game war- 
den shall furnish county auditors with 
application blanks for a license and li- 
cense blanks. These blanks shall pro- 
vide for the insertion of the name, age, 
sex, and place of residence of the ap- 
plicant and of the licensee. The license 



Iowa Fish and Game Laws 



55 



shall authorize its holder to hunt in ac- 
cordance with the provisions of this act 
in any county of the State, but not on 
enclosed or cultivated lands without per- 
mission of the owner, or the tenant or 
upon any public highway ; and shall bear 
a facsimile signature of the State fish 
and game warden and the seal and signa- 
ture of the county auditor in which it is 
issued. (Ibid. Sec. 4). 

Sec. 47. An applicant for a license 
shall fill out an authorized application 
blank and subscribe and swear to it be- 
fore the county auditor, or a notary or 
justice of the peace before the license is 
issued, the applicant, if a resident of the 
State of Iowa, shall pay the county audi- 
tor the sum of one dollar ($1.00) as a 
license fee, and if a non-resident of the 
State of Iowa shall pay him the sum of 
ten dollars ($10.00) as a license fee. 
The^e fees the county auditor shall pay 
at the end of each month to the State 
treasurer, who shall place them to the 
credit of a fund known as the fish and 
game protection fund. (Ibid Sec 5). 

Sec. 48. A non-resident holding a valid 
license may take from the State not to 
exceed twenty-five (25) game birds or 
animals, provided they are so carried as 
to be readily inspected and his license iS 
shown on request. (Ibid Sec. 6). 

Sec. 49. The State fish and game pro- 
tection fund shall be used for the pay- 



License obtained 
from County 
Auditor 



Application can be 
sworn to before 
Notary or Justice 
of the Peace 



Non-resident's 
privilege 



How funds shall 
be used 



56 Iowa Fish and Game Laws 

meat of the expenditures marie leccs- 
sary under the provisions of section 2539 
of the code, for the traveling, co icingent 
and office expenses of the warden ; for 
deputy wardens' salaries and expenses; 
for the protection and propagat'on of 
tlsh and game; for gathering and dis- 
tributing fish in the public v.aters of the 
State ; for the care and preservation of 
tlie lakes of the State; for the expend- 
itures made necessary under the opera- 
tion or enforcement of this statute or 
any other laws enacted afifecting the frAi 
and game service ; and shall be paid out 
only on verhed vouchers approved by 
the executive council. (Ibid Sec 7). 
County Auditor to. Sec. 50. The county auditor shall keep 
-eep recor ^ record of the licenses he issues which 

shall show the date of issue, the name 
and address of the person to whom is- 
sued, and the date of revocation, if re- 
. voked. (Ibid Sec. 8). 

Sec. 51. The license shall be signed by 
the licensee in ink, and shall entitle the 
person to whom issued to hunt, _ pursue 
and kill wild animals, birds or game 
within the State at any time when it 
shall be lawful to hunt, pursue and kill 
such wild animals, birds or game, but it 
shall not entitle the person to whom is- 
sued, to hunt, pursue or kill wild ani- 
mals, birds or game in this State with- 
out being prepared at the time of so do- 
ing to exhibit it for inspection and per- 
mitting it. on demand, to be examined 



Iowa Fish and Game Laws 



57 



by any person. All licenses shall be 
void after the first day of July next 
succeeding- issuance. Provided, however, 
that owners of farm lands, their chil- 
dren and tenants, shall have the right, 
without procuring a license, to hunt and 
kill wild animals, birds or game upon 
the lands owned or occupied by them.' 
Any person found guilty of violating 
any of the provisions of this section 
shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be 
fined in any sum not less than twenty- 
five dollars ($25.00) or more than fifty 
dollars ($50.00) for each offense, and 
shall stand committed to the county jail 
until such costs and fines are paid, but 
such imprisonment shall not exceed 
thirty days for each offense. Any per- 
son who shall alter or change a license 
in any material manner shall be deemed 
guilty of forgery, and upon conviction 
thereof shall be subject to the penalties 
provided for the commission of forgery. 
Any person who uses or attempts to use 
the license of another, or altered license, 
shall be guilty of a misdemeanor, and 
upon conviction shall be fined not less 
than fwenty-five dollars $25.00) xior 
more than fifty dollars $50.00) for 
each offense, and shall stand committed 
to the county jail until such fine and 
costs are paid, but such imprisonment 
shall not exceed thirty days for each 
offense. (Ibid Sec. 9) 



Must have license 
in possession 
while hunting 



Owners' and 
tenants' privileges 



Penalty 



58 



Iowa Fish and Game Laws 



License may be 
revoked 



License must be 
exhibited 



Unlawful to use 
any live bird for 
the purpose of a 
target 



Sec. 52. A license in the possession of 
any person other than to whom first 
issued, and on complaint, the license of 
any person hunting on enclosed or culti- 
vated lands, without permission of the 
owner or tenant, may be revoked by the 
county auditor. (Ibid Sec. 10). 

Sec. 53. Possession of a gun in the 
fields or forests or on the waters of the 
State, or upon the ice of the same ; and 
a failure to display a license when it is 
demanded by any person, shall be, ex- 
cept in the case of the owner or tenant, 
prima facie evidence of a violation of 
the provisions of this act. (Ibid Sec. 
11). 

Sec. 54. Any appropriation made by 
the general assembly for the use of the 
State fish and game warden shall not be 
drawn upon until the fund arising from 
license fees shall be exhausted. (Ibid 
Sec. 12). 

Sec. 55. All acts and parts of acts in- 
consistent with this act are hereby re- 
pealed. (Ibid Sec. 13). 

Sec. 56.' Using birds for target. Any 
person who keeps or uses a live pigeon, 
fowl or other bird for the purpose of a 
target or to be shot at either for amuse- 
ment or as a test of skill in marksman- 
ship, or shoots at a bird kept or used as 
aforesaid, or is a party to such shooting, 
or leases any building, room, field, or 
premises, or knowingly permits the use 
thereof, for the purpose of such shoot- 



Iowa Fish and Game Laws 59 

ing, shall, upon conviction thereof, be 
fined not less than ten dollars nor more 
than one hundred dollars or imprisoned 
in the county jail not exceeding 
thirty days. Nothing in this act shall 
apply to the shooting of wild game. Sec- 
tion 2563 I. (30 G. A., ch. 96, Sec. 1). 

Sec. 57. Pheasants protected. No per- Imported birds 
son shall trap, shoot, kill or take in any l^i^^^T""^' 
manner, any MongoHan, Ring Neck, 
Enghsh or Chinese pheasants in this 
State prior to the first day of October. . 

A. D., 1915. Section 2563 U 1. 

Sec. 58. Any person violating the pro- 
visions of this act shall, upon conviction 
thereof, be fined not to exceed one .lun- 
dred dollars or imprisonment in the 
county jail not to exceed thirty days. 
Section 2563 U 2. (32 G. A., ch. 134. 
Sees. 1. 2). 

Sec. 59. The ownership and title of all 
wild game, animals and birds, found in 
the State of Iowa, except deer in parks 
and public and private preserves, the 
ownership of which has been acquired Exceptions prior 
prior to taking effect of this act, and all »« April 15, 1911 
fish in any of the public waters of the 
State, including * all ponds, sloughs, 
bayous, or other waters adjacent to any 
public water, which ponds, sloughs, 
bayous and other waters are stocked 
with fish by overflow of public waters, 
is hereby declared to be in the State, jjtie of all wild 
and no wild game, animals, birds or fish game, animaU, or 

11,, 1 1 Ml 1 1 • fish, in the State 

shall be taken, killed, or caught m any of Iowa 



60 Iowa Fish and Game Laws 

manner at any time, or had in possession, 
except the person so catching, taking, 
kilHng, or having in possession, shall 
consent that the title to said wild game, 
animals, birds, or fish, shall be and re- 
main in the State of Iowa for the pur- 
pose of regulating and controlling the 
use and disposition of the same after 
such catching, taking, or killing. (34 
G. A., ch. 118, Sec. 1). 

Sec. 60. The catching, taking, killing, 
•• or having in possession, wild game, ani- 

mals, birds, or fish at any time, or in 
any manner, or by any person, except as 
provided in section 1 hereof, shall be 
deemed a consent of said person that the 
title of the State shall be and remain in 
the State for said purpose of regulating 
the use and disposition of the same and 
said possession shall be consent to such 
title in the State. (34 G. A., ch. 118, 
Sec. 2). 
Warden may kill Sec. 61. When it shall become neces- 

anddSur/"^ sary in the opinion of the state g•^me 
same warden or his deputies, to kill or capture 

any deer now running at large within 
this State, it shall be done under the 
authority and direction of the state fish 
and game warden, who shall distribute 
such deer so killed or captured within 
this State, and the expense of ^aid kill- 
ing or capture and distribution shall be 
paid by the person receiving such deer. 
(35 G.' A., ch. 206, Sec. 1). 



The Lacey Bird Law 

An act to enlarge the powers of the department of 
agriculture. prohil)it the transportation by inter- 
state commerce of game killed in violation of local 
laws and for other purposes. 

Be it enacted by the Senate and House of Repre- 
sentatives of the United States of Am.erica in Con- 
gress assembled, That the duties and powers of the 
department of agriculture are hereby enlarged so as 
to include the preservation, distribution, introduction 
and restoration of game birds and other wild birds. 
The secretary of agriculture is hereby authorized to 
adopt such measures as may be necessary to carry 
out the purposes of this act and to purchase such 
game birds and other wild birds as may be required 
therefor, subject, however, to the laws of the various 
States and Territories. The object and purpose of 
this act is to aid in the restoration of such birds in 
those parts of the United States adapted thereto 
where the same have become scarce or extinct, and 
also to regulate the introduction of American or 
foreign birds or animals in localities where they 
have not heretofore existed. 

The secretary of agriculture shall from time to 
time collect and publish useful information as to the 
propagation, uses and preservation of such birds. 

And the secretary of agriculture shall make and 
publish all needful rules and regulations for carry- 
ing out the purposes of this act, and shall expend 



62 The Lacey Bird Law 

for said purposes such sums as congress may appro- 
priate therefor. 

Sec. 2. That it shall be unlawful for any person 
or persons to import into the United States any 
foreign wild animal or bird except under the special 
permit from the United States department of agri- 
culture; provided that nothing in this section shall 
restrict the importation of natural history specimens 
for museums or scientific collections, or the importa- 
tion of certain cage birds, such as domesticated 
canaries, parrots, or such other species as the secre- 
tary of agriculture may designate. 

Sec. 3. Sections 241. 242. 243, and 244 of the 
Criminal Code of the United States (35 Stat.. 1088) 
in effect January 1. 1910, are as follows: 

Sec. 241. The importation into the United States 
or any Territory or District thereof, of the mon- 
goose, the so-called "flying foxes" or fruit bats, the 
English sparrow, the starling, and such other birds 
and animals as the Secretary of Argiculture may 
from time to time declare to be injurious to the in- 
terests of agriculture or horticulture, is hereby pro- 
hibited ; and all such birds and animals shall, upon 
arrival at any port of the United States, be destroyed 
or returned at the expense of the owner. No person 
shall import into the United States or into any Ter- 
ritory or District thereof, any foreign wild animal 
or bird, except under special permit from the Sec- 
retary of Agriculture : Provided, That nothing in 
this section shall restrict the importation of natural 
history specimens for museums or scientific collec- 
tions, or of certain cage birds, such as domesticated 
canaries, parrots, or such other birds as the Secre- 
tary of Agriculture may designate. The Secretary 



The Lacey Bird Law 63 

of the Treasury is hereby authorized to make regula- 
tions for carrying into effect the provisions of this 
section. 

Sec. 242. It shall be unlawful for any person to 
deliver to any common carrier for transportation, or 
for any common carrier to transport from any State, 
Teritory, or District of the United States, to any 
other State. Territory, or District thereof, any foreign 
animals or birds, the importation of which is pro- 
hibited, or the dead bodies or parts thereof of any 
wild animals or birds, where such animals or birds 
have been killed or shipped in violation of the laws 
of the State, Territory, or District in which the same 
were killed, or from which they were shipped : Pro- 
vided, That nothing herein shall prevent the trans- 
portation of any dead birds or animals killed during 
the season when the same may be lawfully captured, 
and the export of which is not prohibited by )aw 
in the State, Territory, or District in which the 
same are captured or killed : Provided further, That 
nothing herein shall prevent the importation, .trans- 
portation, or sale of birds or bird plumage manu- 
factured from the feathers of ftarn-yard fowls. 

Sec. 243. All packages containing the dead bodies, 
or the plumage, or parts thereof, of game animals, or 
game or other wild birds, when shipped in interstate 
or foreign commerce, shall be plainly and clearly 
marked, so that the name and address ot the ship- 
per, and the nature of the contents, may be readily 
ascertained on an inspection of the outside of such 
package. 

Sec. 244. For each evasion or violation of any 
provision of the three sections last preceding, the 
shipper shall be fined not more than two hundred 



64 The Lacey I 

dollars ; the consignee knc 



i„ 



articles so shipped and tran 001 259 349 

said sections shall- be finea nor muic unan u>.w 
hundred dollars ; and the carrier knowingly carry- 
ing or transporting the same in violation of said 
sections shall be fined not more than two hundred 
•dollars. 

Sec. 4. That all dead bodies, or parts thereof, of 
any foreign game animals, or game or song birds, 
the importation of which is prohibited, or the dead 
bodies or parts thereof, of any wild game animals, 
or game or song birds transported into any State 
or Territory, or remaining therein for use. con- 
sumption, sale or storage therein, shall upon arrival 
in such State or Territory, be subjected to the opera- 
tion and effect of the laws of such State or Terri- 
tory enacted in the exercise of its police powers, to 
the same extent and in the same manner as though 
such animals and birds had been produced in such 
State or Territory, and shall not be exempt there- 
from by , reason of being introduced therein in 
original packages or otherwise. This act shall not 
prevent the importation, transportation, or -sale of 
birds or bird plumage manufactured from the feath- 
ers of barn3'ard fowl. 

Approved May 25. 1900. 



LIBRARY OF CONGRESS 



001 259 349 1, 



